02-09-2004 Council Packet - Laserfiche WebLink

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r FILE«04-2972 January 6.2004 Paga 3 of 5 Structural Coverage; Total Lot Area 92,077 sq.ft. (2.1 acres) Total Structural Coverage Allowed: 13,811.5 s.f. (15%) Proposed: 2,627.75 s.f. (2.8 %) Front Yard Setback Variance The applicants wish to add a 492 s.f porch with pergola to the front of their existing home. Due to the location of the home on the lot a front yard setback variance is requested to allow a 5* encroachment into the required front yard setback. The existing home is conforming and has a 56.1* setback from the front property line; however, any additions to the front of the home require a variance. Side (Street) Yard Setback Variance The porch addition is proposed to be set back from the west side of the property 35*. An existing public right-of-way is located along the western property line. This right-of-way is currently open space and the road is not proposed to extend ftmher south of the cul-de- sac. Therefore the western property line Actions as an interior side yard rather than a street side yard. The existing home has a setback of 40* on the west side and the required setback for a side yard is 30*, this requirement would be met by the proposed porch addition. Hardship Statement Applicant has provided a hardship statement attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, tight and air, danger offire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff fmds that due to the location of the existing house and the history of the prop< ity*s septic locations some level of hardship may exist in order to justify a front and street setback variance for the construction of a front porch and pergola. Staff would make the following recommendations in regards to the criteria for “undue hardship** pertinent to this application: 1. “The property in question cannot be put to a reasonable use if used under conditions allov ed by the official controls.** The 2.1 acre property can be put to reasonable use under the official controls. In the opinion of staff this criterion is not met.